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"Wheeler"-Dealing: An Essay on Law, Politics, and Speech

1988; Wiley; Volume: 15; Issue: 3 Linguagem: Inglês

10.2307/1409880

1467-6478

Allan C. Hutchinson, Melinda Jones,

Literature, Musicology, and Cultural Analysis

Few matters seem to arouse greater feeling than local politics and sport.Each reflects and reinforces common qualities of robust partisanship and vigorous exercise.When the two combine, tempers are guaranteed to run very high.This unpropitious state of affairs occurred in Leicester in the spring of 1984.The city of Leicester has a significant and established black community; about twenty-five per cent of the population are of Asian or Afro-Caribbean origins.Leicester City Council was firmly committed to racial equality.In particular, it supported the Gleneagles Agreement made in 1977 between Commonwealth countries which encouraged "taking every practical step to discourage contact with sporting organisations from South Africa".When the English rugby team organised a tour to South Africa and selected three Leicester players, the council considered the gauntlet to be thrown firmly at its feet.The council allowed the Leicester Rugby Football Club to use a recreation ground for Second XV matches and general training; the First XV played elsewhere.After much debate, Leicester City Council determined that, unless the club officials were prepared to condemn the tour and urge its players not to play, it would suspend the club's use of its recreation ground.The council fully appreciated the club had no power to instruct its amateur players not to tour.Although the club joined with the council in condemning apartheid, it felt that a total prohibition of all sporting links with South Africa would enhance rather than diminish apartheid.Consequently, the club refused to comply with the council's request.After the tour had taken place the council banned the club from using the recreation ground for twelve months.The club sought an order of certiorari quashing this decision, a declaration that the council's decision was ultra vires, and an injunction restraining the implementation of the decision.